First Amendment

  • Read more: FDA’s Warning Letter to Juul & the First Amendment

    FDA’s Warning Letter to Juul & the First Amendment

    By Daniel Aaron On September 10, 2019, the Food and Drug Administration (FDA) issued a warning letter to Juul asserting that the vaping manufacturer had violated federal law by illegally marketing its e-cigarettes as safer than other products. Citing evidence uncovered at a July 2019 House Subcommittee hearing as well as industry documents, FDA claims…

    Photograph of a person holding an e-cigarette in one hand and traditional cigarettes in the other hand.
  • Read more: New York City Mandates Vaccines for the Unvaccinated

    New York City Mandates Vaccines for the Unvaccinated

    By Dorit Reiss Like Rockland county, New York City has been combatting a large measles outbreak for several months. As of April 9, 285 people were sick with measles. 246 were children, 21 were hospitalized, and five ended in the intensive care unit. New York City has taken a number of steps to combat the…

    Image of a needle in a vaccine bottle
  • Read more: How the FDA Produces Knowledge (and Is Not So Weird)

    How the FDA Produces Knowledge (and Is Not So Weird)

    By Christopher Robertson The Federal government has wrested billions of dollars from the drug and device industry in settlements of claims that the companies broke the law by promoting their products “off-label” for uses not approved by the FDA.  In response, companies have asserted that promotions are a form of speech, protected by the First Amendment. Speech…

  • Read more: Is it legal for Trump to punish health insurers that do not support repeal of Obamacare?

    Is it legal for Trump to punish health insurers that do not support repeal of Obamacare?

    By Christopher Robertson In a recent story about how the health insurance marketplaces are being destabilized by the Trump administration’s vacillation, the LA Times reports: At one recent meeting, Seema Verma, whom Trump picked to oversee the federal Medicare and Medicaid programs, stunned insurance industry officials by suggesting a bargain: The administration would fund the…

  • Read more: Vaccinate Your Children (Says a Federal Judge)

    Vaccinate Your Children (Says a Federal Judge)

    By Gregory M. Lipper After nearly four years fighting about whether and when employers may exclude contraceptive coverage from employee health plans (and even block others from providing that coverage), it’s perhaps refreshing to see less controversial cases. And few healthcare-exemption cases are less controversial than those brought by parents who object to vaccinating their…